South Carolina Deeds and Title
Negotiating a divorce settlement with real property. Property title ownership is vital. Typically you and your spouse own a house in joint tenancy. Decisions an what type of deed to use when conveying property will need to be made. A quitclaim deed, special warranty deed, or a general warranty deed. Each deed has its own level of risk.
A South Carolina quit claim deed form provides an informal method of quickly transferring or conveying a claim to, interest in, and/or ownership of a property without involving an attorney. Consult an attorney prior to Signing.
The most commonly used amongst divorcing couples is the quitclaim deed.. It provides the least assurance of title. Offering no warranty of any kind. It says, in effect, “I don’t know what kind of title I have, but whatever I have is yours.” If the transferor has nothing, then he or she transfers nothing, and the transferee will have nothing when the transfer is complete. On the other hand, if the transferor has complete title, then the transferee will receive that complete title in the transfer.
Special Warranty Deed
A South Carolina special warranty deed guarantees the ownership of real property to someone else (grantee) that is free and clear of liens and encumbrances during the term of the grantor’s period. The grantee will be liable for any claims on the property prior to the grantor’s ownership period.
A special warranty deed is a minimum form of warranty. It says, in effect, “I don’t know what kind of title I have, but I promise that I have not transferred anything to anyone else. I’ll protect you from any claim made that I have made such a transfer, and I’ll compensate you if it costs you anything.” Saying as it does that the transferring party is warranting that he or she has not made an unauthorized transfer, it gives the transferee comfort without forcing the transferor to warrant circumstances he or she can’t control.
General Warranty Deed
A South Carolina general warranty deed comes with a guarantee that the seller has the legal right and authority to sell the property. The parties must have the document acknowledged and witnessed before it is deemed valid for recording.
A general warranty deed provides the most assurance of title. It says, in effect, “I promise you that I have good title to this property and that after this conveyance, you will have good title to it. If somebody says I didn’t transfer good title to you, I ‘warrant’ that I will defend you against any such claim. A general warranty deed is rarely used between spouses in divorce.